CALI President: Chris Reynolds

Welcome to the beginning of our second quarter of the 2015-16 CALI year. We are off to an incredible start!

The first quarter was filled with several educational programs that were a significant benefit to members. In August, Brandon Perron traveled from Florida for a two day ELITE presentation of his Criminal Defense course. This intensive training was attended by over 50 members and the responses were overwhelming. CALI is negotiating to bring Brandon back next year, with additional plans to offer members his five day intensive training. CALI continues to offer significant discounts on his program. Stay tuned for this special ELITE program.

NLITE was held in September in Irvine, California and we had 50 newly licensed investigators participate in the day-long course. David Queen, CW Sellers, Francie Koehler, Renee Cervo and the CALI staff spent the entire day sharing information to help our colleagues get started in the business.

Our next NLITEwill be in Sacramento on March 12, 2016, in conjunction with Legislative Day. I look forward to seeing you there!

Please see information below on AB 921, a CALI sponsored bill to establish a Disciplinary Review Board for investigators. Other provisions were also added to assist potential licensees acquire their hours through qualified managers.

The annual conference is schedule for Rancho Mirage, California in June 2016. We are returning to the Omni Hotel, Rancho Las Palmas due to its popularity among our members. We expect another big turnout, discounts for early bird registration will be announced in the next few months.

Our financial position remains strong as we continue to cut costs due to the loss of our State Fund safety program money. We are working to reduce expenses by another $75,000 this year. It is a major effort that we think can be accomplished without impacting member benefits.

Please visit the CALI Websitefor the most updated information on CALI. We just rolled out a long term disability benefit for members, something everyone should consider as we get older.

CALI leadership is also working to reformat our newsletters to bring you more content. Randall Alexander and the CALI office staff are designing a newer model that we hope offers more data and information. Maki Kudaki from the Orange District, is now handling social media for CALI. She will be updating our Facebook, Linked In and Twitter accounts. Please join these sites and take advantage of the data each site provides. CALI wants to be at the forefront of social media for private investigators in California.

David Queen and his group published their latest additionof The California Investigator Magazine. Follow this link to check it out. You should be receiving this link as a CALI member!http://www.investigator-magazine.com/

Please continue to support your local district meetings. These meetings are one of the great methods we use to network and share work. Each district posts its list of speakers, locations and times on the CALI Website, http://www.cali-pi.org.

Please feel free to contact me with any questions or concerns about CALI.

Chris ReynoldsPresident 2015-16

CALI-Sponsored Legislation Amending the PI Act Enacted into Law

By Jerry Desmond, Jr.

We are pleased to report that Assembly Bill 921, authored by Assembly Member Brian Jones [R-Santee] has passed the Legislature and has been signed into law by Governor Jerry Brown as Chapter 635, Statutes of 2015.

This legislation amends the Private Investigator Act [PI Act] in the Business and Professions Code as follows:

Licensed private investigators will have the option of appealing certain Bureau of Security and Investigative Services [BSIS] fines and decisions to the PI DRC. The committee is authorized to:

• Affirm, rescind, or modify decisions concerning administrative fines assessed by BSIS against licensed private investigators that are appealed to the committee.• Affirm, rescind, or modify decisions concerning denial, suspension, or revocation of licenses or permits issued by the bureau that are appealed to the committee, with certain exceptions. • Grant a probationary license with respect to decisions appealed to the committee.

This new PI DRC option could save licensed private investigators significant time and expense. The matter could be resolved more quickly. The PI DRC could also save BSIS time and expense as a decision accepted by the licensee will not proceed through the more expensive adjudicatory route. A licensee who disagrees with a PI DRC decision will be able to return to the current process and request a BSIS hearing.

A licensed private investigator who requests an appeal to the PI DRC will be required to make the request in a written notice to the Department of Consumer Affairs [DCA] within 30 days of the assessment of an administrative fine or denial, suspension, or revocation of a license.

Following review by the committee of the appeal, the licensed private investigator will be notified in writing, by regular mail, within 30 days of the committee’s decision on the appeal.

A licensed private investigator who disagrees with the decision of the PI DRC will be able to request a hearing. A request for a hearing will have to be made by written notice to DCA within 30 days following notice of the committee’s decision. Otherwise, the PI DRC’s decision will be final.

The PI DRC will consist of five members appointed by the Governor, three members actively engaged in the business of a licensed private investigator and two public members. Each member of the DRC will be appointed for a term of four years. The Governor may remove any member of the committee for misconduct, incompetency, or neglect of duty.

The committee is required to meet every 60 days or more or less frequently as may be required. The members will be paid per diem and will be reimbursed for actual travel expenses.

Qualifying Experience for License ExaminationAB 921 also amends Section 7541 and 7541.1 of the PI Act to clearly state that individuals can use the experience they earn working under a qualified manager as not just an employee, but also as an independent contractor, for the purpose of obtaining the hours needed to obtain a license. This revision will take effect on January 1, 2016.

Under the existing law, applicants for a private investigator license must have varying amounts of investigative experience based on their education. However, the text of the existing statute states that the education must be earned under an employer. This has just recently been interpreted to mean that experience earned as an independent contractor cannot count because an independent contractor is not an employee.

The law as newly-revised will clearly state that an individual can be either employed by a private investigator who is duly licensed in accordance with the PI Act, or managed by a qualified manager in accordance with the PI Act.

The other existing provisions remain in the law that provide specific authorizations and parameters for activities performed in connection with investigations to qualify as experience when performed by sworn law enforcement officers, military police of the armed forces, insurance adjusters or their employees, certain persons employed by repossessors, certain persons trained and certified as arson investigators, and persons trained as investigators and employed by a public defender to conduct investigations.

Email AddressesIn addition, AB 921 amends Section 7525.1 in the PI Act that sets forth the requirements for the information that must be included in an application for licensure. This provision had not previously been updated to allow for an email address be provided. The law as revised authorizes the applicant for a license, at his or her discretion, to provide an email address.

The thought with this revision is that it is in the best interest of the consumer that an applicant for an original or renewed license provide the state with a business email address that will be available as a public record along with other specific information regarding individual licensees.

________________________________________Jerry Desmond, Jr. has been CALI’s Legislative Advocate for nearly 20 years. His office is located in Sacramento, across the street from the State Capitol. In addition to lobbying, he has significant expertise in political and nonprofit law and has addressed numerous professional associations and public entities on California politics, laws, and legislation.

AS ANOTHER VALUABLE CALI MEMBER BENEFIT...

CALI is proud to offer our members DISCOUNTED Long Term Disability and Long-Term Care Insurance.

Long Term Disability Insurance is used to help protect your future earnings and Long-Term Care Insurance pays a daily or monthly benefit towards the costs of care services from a skilled nursing home, assisted living facility, adult day care or home. Click here for more information.

GET CALI!

In case you didn't know the largest private investigator trade association has a store, where you can Get CALI!

The "Get CALI" campaign means displaying, using, or wearing CALI branded merchandise at CALI events and in the public in order to promote camaraderie and community amongst your fellow members, to promote the association's brand, image, and benefits to prospective members, and to promote the good will of the association and its members to the public, which are our industry's clients, prospective clients, and our regulators.

The California Investigator Magazine

Government Affairs Update

We are at the end of the first year of a two-year legislative session. We were faced with many challenges this year. Fortunately, we were able to influence changes more often than not.

I am happy to report that CALI’s sponsored bill, AB 921 [Jones] was signed into law. Details on AB 921 are provided elsewhere in the article titled CALI-sponsored Legislation Amending the PI Act Enacted into Law authored by CALI Legislative Advocate, Jerry Desmond, Jr. (above)

Drones or Unmanned Aerial Vehicles (UAVs) were clearly the hot button of the year. Governor Brown vetoed four drone bills, and another five did not move forward this year. One bill, AB 856 [Calderon], was signed into law and addresses the physical invasion of privacy. See the details and restrictions in the CALI Government Affairs Update (hyperlinked).

Other highlights are as follows:

The bill to clarify the authority to carry a CCW, SB 468 [Hill] while working as a PI and the exception excluding a requirement for PI’s to submit to a psychological evaluation to carry a weapon is pending as a two-year bill.

Pupil residency Investigations, AB 1101 [Bonilla], resulting from the much publicized Orinda School District investigation was signed into law – details in CALI Government Affairs Update.

CCW on campus, SB 707 [Wolk] was signed into law. This bill prohibits carrying a CCW, which excludes private investigators who are not former law enforcement even though they have a legally issued CCW. Retired peace officers with a legal CCW may still carry on school grounds.

We were able to accomplish getting language favorable to the work we do in SB 468 and SB 34. However, no matter what steps we took in response to changing the direction of the provisions on both AB 1101 and SB 707, we were not successful.

Many thanks to Jerry Desmond, Jr., the staff at Desmond and Desmond, and to Jerry Packer and Michele Hyson at Sterling Strategic Management. And…., of course, CALI could not be as proactive as we are without the outstanding Government Affairs team members…

… or without YOU, members of CALI who establish relationships with state representatives, write letters and make calls when requested to do so.________________________________________Francie Koehler is CALI’s Government Affairs Director. She is a two-term past president and a Distinguished Achievement Award recipient.

On Safety: Health Hints for the Subrosa Operative

Subrosa/Surveillance investigations bring several summons to the field operative. Long hours, physical skills, uncomfortable positions are part and parcel of any assignment. These tips are for those who take the challenge of chasing client’s requirements.

First and foremost, START HEALTHY! Be sure to get regular check-ups and know your body. You must be able to sit for long periods, move quickly, walk, hike, run, stop and recover all within a few moments or minutes. You may have to climb a tree, run up Russian Hill, rollerblade the promenade, spin around and duck down, stop/start do your thing until your heart is like a hummingbird wing. Your mind must be attentive, your eyes clear, your ears open. You may have to carry equipment and use it on the fly. Sleep and rest is primary before starting a new assignment. You will most likely have to begin your day very early and stay very late. It will be understood that you can perform at all hours and at all times.

Let’s start with the Subrosa Operative in the vehicle.

Essential tools:

Port-a-Potty for waste deposal. There are several units of varying sizes that will fit your vehicle. At the least carry a container for fluids.

First Aid Kit

Portable fan (handheld)

Cold bag w/ice

Sunscreen (even darkened windows will not completely protect you)

Neck rest

Lumbar support

Loose clothing (sitting for long periods may restrict blood stream)

Water and snacks (Salty snacks will do you no good! Fruits and vegetables, trail mix, energy bars with protein like nuts are best)

Personal Essentials:

Medications (a supply in case you are unexpectedly out of town)

Second pair of glasses or contacts/ eyewash etc..

Tissues/wet naps/paper towels

Change of clothing

Small amounts of nutritious food for breakfast, lunch, or dinner. It is not recommended to eat large amounts during Subrosa Investigations for obvious reasons.

Remember, it will be hotter by at least 10-15 degrees inside your vehicle than it is outside. Heat will make your blood pressure/pulse rate rise and cause dehydration. Running your vehicle air conditioner while on stationary surveillance is usually not practical. It may alert others to your presence and/or damage your vehicle.

Some ways to keep cool (because it's still very warm out there)!

Swamp cooler (There are models that may fit your vehicle)

Neck cooler (There are cloth wraps that can be wetted and frozen and used around your neck)

Personal battery operated fan

Ice packs

Ice chips kept in a cold bag and used to kept your mouth from drying out

NOTE: If you feel overly heated and are lightheaded, you may have to move from your stationary position and seek relief from the heat. Your health and well-being is most important. (Although I know most of us sacrifice ourselves in the “heat” of the moment just to get that perfect shot..)

Subrosa Surveillance can be stressful. You will be hyper-aware for hours at a time and it will wear on you. It helps to have Zen-like calm personality, but those of us who do not- some suggestions:

Meditation practice assists in concentrating at the matter at hand. Some find that Meditation and/or Yoga classes and exercise works for surveillance and keeping limber

If possible, get out and walk around your vehicle every hour or so. This alleviates muscle cramps and provides blood flow

Try Isometric exercises while seated. It helps with concentration and calorie burn.

These are examples and experiences of a career in Subrosa Surveillance and are not meant to be offered as medical advice. You will find what best works for you in your journey as an investigator. Safety and health are sometimes set aside in our profession. Let us not forget that we are needed for the next case, too…..________________________________________Robert Rice is Vice President of Investigative Services.

Licensing Renewal Tips

From the BSIS

The Bureau of Security and Investigative Services (BSIS) has posted information on the BSIS website to help licensees avoid delays with processing their renewal application and so that the licensee receives their renewed license prior to the license expiration date. You may find the "Renewal Tips" (hyperlinked) link on the BSIS homepage in the Application Processing box next to the Renewal Applications section. You may also find it on the Licensees webpage.

District Meeting Recaps

Orange District

We had a fabulous time at the OC/IE Pool Party last night! We talked, laughed, danced, listened to music, ate, drank and got to know one another in a casual setting. There were several new faces and familiar ones as well. We had a BLAST!!

Thank you Allen Cardoza for hosting the party at your beautiful home! Thank you also to Chris Woodson for generously donating the keg, and to all of those who attended that brought cool raffles and drinks to share! We really appreciate your support and traveling far distance to attend the event. Roger Arreola (aka Mr. DJ) did a phenomenal job rocking it out!!

See you next month! Maki Kudaka, District DirectorOrange District of CALI

San Diego District

The first meeting for the San Diego District was a success with 25 attendees. Thank you to the members from the Inland Empire and Central Coast Districts who made the drive. Also attending were members from the San Diego Paralegal Association and two student guests.

Rusty Sargent and Jim Sevel from San Diego Digital Forensics conducted a great presentation on computer forensics. http://sd-df.com/

The next San Diego District meeting will be the first week of December. The education topic is Employment Background Investigations.